Contra Costa Lawyer - Contra Costa County Bar Association

Contra Costa Lawyer 

Volume 22, Number 3 • March 2009 

The official publication of the 

B A R A S S O C I A T I O N 

Family Law

Whiting, Fallon, Ross & Abel, LLP 

Matrimonial Attorneys 

William F. Whiting 

Certified Family Law Specialist 

Andrew Ross 


R. Ann Fallon 


Gregory C. Abel 


f 

Kimberly Campbell 

Courtney O’Hagan 

Michael T. Bonetto 

Founded in 1981, Whiting, Fallon, Ross & Abel, LLP devotes its practice 

exclusively to family law matters. Each of the partners is a Certified Family 

Law Specialist, certified by the State Bar of California, Board of Specialization, 

and each of the partners is a Fellow of the American Academy of Matrimonial 

Lawyers. The firm employs discovery paralegals and legal assistants, each of 

whom has had extensive training and experience in the Family Law practice. 

101 Ygnacio Valley Road, Suite 250, Walnut Creek, California 94596 

telephone (925) 296-6000 • facsimile (925) 296-6001 • email whiting@disso.com

Contra Costa Lawyer 

Volume 22, Number 3 • March 2009 

B A R A S S O C I A T I O N 

c o n t e n t s 

features 

8 Thoughts on Practicing 

F family Law in a depressed market 

Are we in an economic depression? You'll want 

to read what this author has to say! 

David M. Lederman 

10 Appraisals and challenges in the 

current market environment 

Is your divorce case dragging on for months? Read 

how the appraisal "update" can play a pivotal role, 

among other factors. 

Steve Lederer 

14 The Bus and the taxi 

Should a client take the bus (public court) or a taxi 

(private judging)? Each option has its advantages. 

Judge Barry Goode and Judge Pro Tem Lee Pearce 

departments 

4 Inside 

Lee Pearce 

6 Judicial Profile 

Hon. Brian F. Haynes 

12 Question Man 

How do you think the same-sex marriage 

issue will eventually be resolved? 

20 ethics Corner 

Carol M. Langford 

22 Classifieds 

18 The vacation Maven 

Planning a "staycation"? This article provides 

some budget-conscious alternatives. 

M. Sue Talia 

About the cover . . . 

Is this couple fighting 

over who gets the house... 

or who gets stuck with it? 

Normal times, these are not.

proofed, spell checked, hyphens, alignment 

inside 

2009 BOARD of DIRECTORS 

Larry Cook President 

Ron Mullin President-Elect 

Kathy Schofield Secretary 

Audrey Gee Treasurer 

Robin Pearson Ex Officio 

Christopher Bowen 

Oliver Bray 

Mike Brewer 

Jay Chafetz 

Virginia George 

Peter Hass 

Leigh Johnson 

Kristen Thall Peters 

Ron Rives 

Dana Santos 

Stephen Steinberg 

Candice Stoddard 

CCCBA EXECUTIVE DIRECTOR 

Lisa Reep: 925.288-2555 • lgreep@cccba.org 

CCCBA main office: 925.686-6900 • www.cccba.org 

Jennifer Comages 

Membership Coordinator 

Emily Day 

Systems Administrator and 

Fee Arbitration Coordinator 

Manny Gutierrez 

Administrative Assistant 

and Legal Interviewer 

EDITOR 


925.942-5100 

ASSOCIATE EDITOR 

Nancy J. Young 

925.229-2929 

BENCH LIAISON 

Hon. Mary Ann O'Malley 

925.646-4001 

BOARD LIAISON 


925.942-5100 

COURT LIAISON 

Kiri Torre 

925.957-5607 

ADVERTISING/DESIGN 

Young Design & Production 

925.229-2929 

PRINTING 

Excel Graphics 

925.552-9998 

Contra COSTA Lawyer 

PHOTOGRAPHER 

Moya Fotografx 

510.847-8523 

Maria Navarrete 

LRIS Coordinator 

Barbara Tillson 

Moderate Means Program 

Coordinator 

Michele Vasta 

Section Liaison / Education 

& Programs Coordinator 

EDITORIAL BOARD 

Kate Bekins 

925.284-0480 

Mark Ericsson 

925.930-6000 

Matthew P. Guichard 

Local Civil Jury Verdicts 

925.459-8440 

Nicole Mills 

925.351-3171 

Craig Nevin 

925.930-6016 

Andrea L. O’Toole 

925.838-2090 

David Pearson 

925.287-0051 

Ericka Portillo 

925.459-8440 

Andy Ross 

925.296-6000 

Kathy Schofield 

925.253-7890 

Audrey Smith, JFK Liaison 

925.969-3561 

Marlene Weinstein 

925.942-5100 

The Contra Costa Lawyer (ISSN 1063-4444) is published 

monthly by the Contra Costa County Bar Association (CCCBA), 

704 Main Street, Martinez, CA 94553. Annual subscription of $25 

is included in the membership dues. Second-class postage paid 

at Martinez, CA. POSTMASTER: send address change to the 

Contra Costa Lawyer, 704 Main Street, Martinez, CA 94553. 

The Lawyer welcomes and encourages articles and letters from 

readers. Please send them to Nancy J. Young, Associate Editor, 

Contra Costa Lawyer, P.O. Box 1867, Benicia, CA 94510. 

The CCCBA reserves the right to edit articles and letters 

sent in for publication. All editorial material, including editorial 

comment, appearing herein represents the views of the respective 

authors and does not necessarily carry the endorsement of 

the CCCBA or the Board of Directors. Likewise, the publication 

of any advertisement is not to be construed as an endorsement 

of the product or service offered unless it is specifically stated 

in the ad that there is such approval or endorsement. 

by Lee C. Pearce 

The world is a very different place than it was the last time I was president of the Family 

Law Section some 20 years ago. Email, cell phones and the internet have revolutionized 

everything from how we do legal research and check file status at the court to how we 

communicate with our clients, witnesses and opposing counsel, transmit and file documents 

and even make court appearances. In 1988, the economy was starting to boom again after 

the recession of the early ’80s. 

Not so much now. That flushing sound you hear is the loss of tens of thousands of jobs each 

day. But it seems that one of the constants is divorce. Popular culture to the contrary, it is 

my experience that sex and infidelity are not the primary causes of divorce: they are far 

eclipsed by conflicts over money (both too much and too little), one of life’s great stressors. 

In normal times, divorcing couples have conflicts over money, which are compounded by 

the reality that the funds that once supported one household (sometimes barely) now have 

to support two. In normal times, divorcing parties are scared about their kids, about 

having to sell the house and relocate, get a job or refresh an education, and dealing with 

the garden variety disruptions inevitable in divorce. But normal times, these are not. What 

if the house is upside down and can’t sell? What if, instead of fighting about who gets to 

keep the house, they are fighting about who gets stuck with it? What if there are no jobs, 

not only for the secondary wage earner who is hoping to go back to work after child rearing, 

but for the primary wage earner? Child and spousal support dry up and the cycle accelerates. 

You can’t impute income to somebody who can’t get a job. 

Sad to say, the divorce business appears to be recession-proof. That is, depending on how 

you define “business.” There will always be divorce clients in good times and bad. Lawyers 

will always have clients. Getting paid timely? That part isn’t recession-proof. Lawyers are 

having to be creative about how they serve their clients, how they bill, how they structure 

their offices and staff, what costs they advance, and how they run their practice. Unbundling 

or limited scope representation is an increasingly popular way of helping a client who can’t 

afford to hire your full service, but can afford to pay for a limited amount of a lawyer’s time. 

Increasingly, law practice efficiency is essential, as the wasteful work habits that could be 

absorbed in flush times become an unaffordable luxury now. 

This issue focuses on the practice of family law in the context of the current economic times, 

with articles on the practice of family law, residential appraisals, alternatives to the court, 

and cheap travel. We are also sponsoring a workshop aimed at solo and small firm practitioners 

on Reefing the Sails: Practicing Law in Stormy Financial Times on April 24 at Scott’s 

in Walnut Creek. All of our articles are designed not to depress you (watching the news 

can do that without our help), but to highlight the issues of the times as they relate to our 

practice, and provide practical tools for weathering the storm. u 

— Lee C. Pearce, a member of the State Bar of California since 1975, was a member of the first class 

of Certified Family Law Specialists in 1980, and has limited his practice to family law mediation and 

litigation since then. He has recently limited his practice to family law mediation and private judging. 

4 March 2009

Mark V. Murphy 

Annual State-of-the-Court Address 

Contra Costa Country Club 

801 Golf Club Road - Pleasant Hill 

Friday, March 20, 2009 

Social 11:30am - Noon 

Luncheon and program Noon - 1:30pm 

Take this unique opportunity to join members of our Bench for lunch. In addition 

to an update by Presiding Judge Mary Ann O’Malley on the budget and other 

issues that may impact your practice, representatives from each Superior Court 

Division, including Family Law, Civil Fast Track, Criminal, Probate, Juvenile, 

Probate, and our new Elder Law Court will provide updates on changes in their 

respective departments. As always, we will seat at least one bench officer at each 

table and will leave time for socializing during lunch before the program begins. 

As of mid February, the following bench officers have confirmed their attendance: 

Terence Bruiniers (Criminal update); Judy Craddick (Civil Fast Track update); 

Joyce Cram (Elder Law Court overview); Barry Goode (Family Law update); 

Don Green (Probate update); Lois Haight (Juvenile update); Diana Becton Smith, 

Assistant PJ; Barry Baskin; Laurel Brady; Theresa Canepa; Ron Creighton; 

Lewis Davis; Jill Fannin; Susanne Fenstermacher; John Kennedy; 

Thomas Maddock; Cheryl Mills; Steve Treat 

Members $40 • Non-members $50 

1 hour general MCLE Credit 

Menu Options 

Sliced Pork Loin stuffed with apples, 

onions and figs with a Tawny Port glaze; 

Chicken Breast Florentine stuffed with spinach 

and mushrooms with a Spanish Paprika Veloute 

(vegetarian option available) 

To register, please phone in your Visa/MC/AmEx/Discover (925.370.2548) 

or send check, payable to CCCBA, to Michele Vasta, CCCBA, 

704 Main Street, Martinez 94553 

Please call Michele Vasta, 925.370.2548, for additional information. 

Personal Injury 

Referrals Requested 

Over 25 years experience 

representing injury victims. 

Practice dedicated solely to 

Personal Injury. 

Each client given prompt, 

courteous attention. 

Antioch and 

San Ramon Offices 

925.552.9900 

Why you should make 

referrals to CCCBA’s LRIS 

• Our LRIS is the only State Bar certified 

(certification #0018) and American Bar 

Association approved lawyer referral service 

in our county; 

• LRIS has been providing quality referrals 

as a public service since 1978; 

• LRIS panel attorneys are required to meet 

specific experience requirements as a prerequisite 

to joining the service; 

• Every LRIS attorney is required to carry 

malpractice insurance; 

• LRIS has an experienced, friendly and 

knowledgeable staff to assist you. 

If you have any questions or would like more 

information, please contact the LRIS staff at 

925.686-6900. If you’re interested in joining 

the LRIS, please contact Maria Navarrete, 

LRIS Coordinator, at 925.370-2542 or go to 

“Join the LRIS” under “Member Resources” 

at www.cccba.org. 

Contra Costa Lawyer 5

“Complete ADR Services” 

ADR PROFESSIONALS 

judicial profile 

Honorable Brian F. Haynes 

JUDGE MICHAEL J. BERGER 

JUDGE RICHARD H. BREINER 

HON JEANNE MARTIN BUCKLEY 

JUDGE VICTOR CAMPILONGO 

JUDGE JOHN J. GALLAGHER 

JUDGE ISABELLA H. GRANT 

JUDGE RONALD GREENBERG 

JUDGE INA LEVIN GYEMANT 

JUDGE HADDEN ROTH 

JUDGE VERNON F. SMITH 

PATRICK M. BRODERICK 

CLAYTON E. CLEMENT 

W. GREGORY ENGEL 

HOWARD M. GARFIELD 

PERRY D. LITCHFIELD 

GARY T. RAGGHIANTI 

PAMELA M. SAYAD 

MICHAEL D. SENNEFF 

ERIC STERNBERGER 

MATTHEW N. WHITE 

RICHARD S. WHITMORE 

W. BRUCE WOLD 

Look for us on the Web 

www.resolutionremedies.com 

Famous ResRem Lunches 

Diane Levinson-Fass, President 

Diane Story, Vice President 

Tel: (800) 778-2823 

Brian F. Haynes was born on October 

4, 1964 in Springhill, Louisiana. He 

received his BA from the University of 

Louisiana; and his JD from California 

Western School of Law. 

Political affiliation Republican. 

Pre-bench legal experience Contra Costa 

Deputy DA (1988-2007). 

Judicial exPERIENCE November 16, 2007 

to present. 

Pre-bench civic and professional activities 

California District Attorney’s Association 

Sexually Violent Predator Committee; 

Vice President, Contra Costa County 

Deputy DA’s Association; Contra Costa 

County Superior Court Behavioral Health 

Court Steering Committee; Umpire, 

Clayton Valley Little League. 

Current civic and professional activities 

Contra Costa County Superior Court Bail 

Committee; Contra Costa County Superior 

Court Security Oversight Committee; 

Contra Costa County Superior Court 

Employee Awards Committee; 100 Club 

of Contra Costa County. 

Recent puBLICATIONS “Behavioral Health 

Court,” Contra Costa Lawyer, Volume 20, 

October 2007. 

Courtroom information Department 11, 

45 Civic Avenue, Pittsburg 94565; phone 

925.431-0811, fax 925.431-0869. Court 

Reporter: Patricia Malone; Clerk: Nina 

Salgado; Bailiff: Jimmy Green. 

Typical weekly SCHEDule Jury Trial: Monday 

(continuing), Thursday, Friday. Preliminary 

Hearings: Tuesday. Readiness Conference and 

Pretrial Conference: Wednesday. 

Teleconferencing Judge Haynes does not 

allow teleconferencing at this time. 

In limine MOTIONS The judge requests that 

these motions be submitted upon assignment 

of trial. 

Voir dire The court conducts extensive voir 

dire, and counsel are allowed 20 to 30 

minutes with the first 18 jurors, and 5 to 

10 minutes with additions to 18-pack. 

Jury instructions Instructions should be 

submitted prior to opening statement. 

Computers, audio-visual and cameras in 

the courtroom Judge Haynes allows this 

technology in his courtroom. u 

Did you know that the CCCBA website has 

40+ Contra Costa County Superior Court 

judicial profiles so far? Go to www.cccba.org 

— "Member Resources to Judicial Profiles." 

CCCBA-RR REV(2009).doc 

6 March 2009

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Elder Law is 

Alzheimer’s 

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as 20. Most people with Alzheimer’s don’t die from 

the disease itself, but from pneumonia, a urinary 

tract infection or complications from a fall. 

Until there’s a cure, people with the disease will 

need caregiving and legal advice. According to the 

Alzheimer’s Association, approximately one in ten 

families has a relative with this disease. Of the 

four million people living in the U.S. with 

Alzheimer’s disease, the majority live at home — 

often receiving care from family members. 

If the diagnosis is Alzheimer’s, 

call elder law attorney 

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Estate Planning, Disability, Medi-Cal, 

Long-term Care & VA Planning 

Protect your loved ones, home and independence. 

n 

925.256.0298 

www.YoungElderLaw.com 

1931 San Miguel Drive, Suite 220 

Walnut Creek, California 94596 

Glenn & Dawson LLP 

Certified Public Accountants 

Donald A. Glenn CPA, ABV, CVA, CFE 

Leslie O. Dawson CPA, ABV, CVA 

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Business Valuations 

Probate and Estates 

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for individuals and 

privately owned companies. 

323 Lennon Lane, First Floor 

Walnut Creek, CA 94598 

Telephone (925) 945-7722 

Facsimile (925) 932-1491 


Thoughts on Practicing Family Law in a 

Depressed Market 

by David M. Lederman 

In times of crisis some people have 

a tendency to shut down or shut out. It 

is easier to do nothing than deal with 

negative facts. As our clients contend with 

the current economic depression (and yes, 

I believe we are in a depression), they are 

acting in increasingly desperate ways. This 

article will explore some of those actions 

and methods for dealing with them. 

What is a depression? 

Understand before reading any further: 

I am not an economist (other than armchair). 

I am merely a family law attorney. Regardless, 

as stated above, I believe we are in 

an economic depression. 

Economists tend to distinguish recessions 

and depressions based on quarterly 

economic data. The Economist magazine 

defines depression as “A bad, depressingly 

prolonged RECESSION in economic 

activity. The textbook definition of a 

recession is two consecutive quarters of 

declining output. A slump is where output 

falls by at least 10%; a depression is an 

even deeper and more prolonged slump 

[emphasis in the original].” 1 

One problem with the above definition? 

The information comes too slow to 

use as an analytical tool. We often do not 

know the quarterly economic data until 

long after the quarter is over. This is not 

helpful. I prefer Saul Eslake’s approach. 

Mr. Eslake, chief economist at ANZ bank, 

believes “that the difference between a recession 

and a depression is more than simply one 

of size or duration. The cause of the downturn 

also matters. A standard recession usually 

follows a period of tight monetary policy, but 

a depression is the result of a bursting asset 

and credit bubble, a contraction in credit, and 

a decline in the general price level.” 2 Does 

this sound familiar? Housing prices 

crashing, stock market crashing, and 

the standard responses to a recession are 

not working. 

Why should we care? 

The short answer? Strategy. If you adjust 

your thinking to deal with a depression 

after the depression has started, it is too 

late. We should think about responses to 

a depression both with regard to our business 

strategy (not the subject of this 

article) and client management strategy. 

What is the impact of this 

depression on our clients? 

First, although divorce itself can be a 

depressing business, there is an increase 

in clients coming into our offices with an 

absolute sense of helplessness. My practice 

is in East Contra Costa County, where the 

housing price collapse was the worst. It 

is now “normal” in my practice for divorcing 

parties to have a negative equity estate. 

For those readers who do not practice 

family law, this means that it is now 

“normal” for a family’s debts to exceed 

the value of all of its assets, including real 

estate, pensions and investments. 

In short, almost everything the parties 

have worked for throughout their lives is 

undone. In this economic depression, it 

is frequently not possible for any of the 

parties to live anywhere near their old 

marital standard of living. The marital 

standard of living probably contributed 

heavily to the parties’ current economic 

woes. In the past, a house could be sold 

and the proceeds used to give the parties 

seed money to start anew. Now the big 

question is often, “Who gets the albatross?” 

… or do they just walk away from 

the house and allow it foreclose? 

This is the Morton’s Fork. There is no 

good answer and no clear road to a happy 

resolution. People in these circumstances 

frequently cannot make decisions. They 

are swallowed by the psychological depression 

that follows from having multiple 

choices — none of which leads to a favorable 

outcome. In the safety of our offices, 

we can help people understand their objective 

choices and help them accept their 

predicament, but we do not live with them 

and cannot step in when they feel the most 

depressed. Worse, it seems the psychological 

depression is self perpetuating. 

Sometimes the client just breaks. In a 

recent case, it appeared that the parties 

were making progress towards an amicable 

dissolution. The other party, the father of 

three minor children, was making progress 

towards a joint custodial schedule (and 

seeing the children on an ever increasingly 

longer and consistent schedule). The 

family residence was sold and the parties 

were to receive some proceeds from its 

sale. Although the objective professionals 

saw progress in the parties’ circumstance, 

this party did not. He quit his job and 

simply left the country. No goodbyes — he 

simply walked out abandoning his children 

and his support obligations to his wife. 

The most troubling aspect of this pattern 

is that it is not isolated. 

In the past, clients complained about 

paying spousal support, but largely understood 

the concept and paid grudgingly, if 

not willingly. Now, more and more are 

talking about just giving up. Immigrants 

from foreign nations who worked hard to 

8 March 2009

come to the United States are asking, 

“why bother?” As in the example above, 

now some are deciding that it is much 

easier for them to start fresh and to hell 

with the ex-spouse and kids. 

We are attorneys, not psychologists. 

While our clients need our objective 

guidance and input, we cannot give them 

psychological assistance. We try to tether 

our clients to the objective reality of their 

circumstance – just because circumstances 

are bad does not mean they can be ignored. 

Explain their options, as you understand 

them, and refer them to professionals who 

can complete areas that exceed our experience 

and expertise. This helps allay their 

fears of the unknown and will help a 

majority of clients. 

Final words of caution 

Know your limitations. A family law attorney 

should not give tax advice or psychological 

counseling. We cannot fix everything 

and should not try, even though the 

temptation is there. 

Make referrals. If clients are exhibiting signs 

of depression or despondency, immediately 

refer them to a mental health professional 

(and/or if tax advice is needed, refer them 

to an accountant or tax attorney). 

Do not make your client’s decisions. Very 

frequently a client will ask, “What should 

I do?” Clearly tell your clients that you 

can advise and evaluate, but that you, as 

their attorney, do not need to live with 

the result of their decisions. They must 

take ownership of their own decisions. u 

— David M. Lederman is a 

Family Law Specialist, certified 

by the State Bar of California, 

Board of Legal Specialization. 

He is the principle attorney for 

the Law Offices of David M. 

Lederman (www.ledermanlaw.net), located in 

Antioch and Walnut Creek. David was the 2008 

CCCBA Family Law Section President. 

1 

http://www.economist.com/research/Economics/ 

searchactionterms.cfm?query=depression 

2 

The Economist (print edition), Vol. 390, Number 

8612, January 3, 2009, page 57, Economic Focus: Diagnosing 

depression. 

The Law Offices of David M. Lederman 

David M. Lederman 


State Bar Board of Legal Specialization 

Tom Smith 

Associate Attorney 

Practicing exclusively in all aspects of Family Law 

in Walnut Creek and Antioch 

3432 Hillcrest Avenue • Suite 100 • Antioch, California 94531 

309 Lennon Lane • Suite 102 • Walnut Creek, California 94598 

Phone 925.522-8889 • Fax 925.522-8877 

www.ledermanlaw.net 

and Mediation Center 

“A unique and effective style - 

a great mediator” 


Ron Mullin 

One Corporate Centre p 1320 Willow Pass Road, Suite 420 

Concord, California 94520 

Telephone (925) 798-3413 p Facsimile (925) 798-3118 

Email ronald@mullinlaw.com 


y Steve Lederer 

Current 

Market 

Environment 

Appraisals 

and 

Challenges 

in the 

Every month there is new data 

published about median home prices 

throughout California and changes in sales 

activity. While this data provides some 

general overview, it isn’t much help for 

the appraiser who is working on, for 

example, a particu lar divorce case. The 

appraiser’s concerns are centered on the 

market conditions that are affecting the 

subject property. 

The Bay Area has hundreds of micro 

markets for residential property and all 

of their dynamics are represented by different 

pockets in Contra Costa County. 

Every single appraisal assignment requires 

a fresh analysis of supply, demand and 

absorption rates. While there may not be 

any easy appraisals right now, there are 

some new exciting new challenges for the 

conscientious professional. 

Appraising homes in neighborhoods 

impacted by bank-owned properties and 

short-sale inventory is one of the challenges. 

We ask ourselves, “Should sales of 

bank-owned properties be used as comparables? 

Are there parallel markets in 

some communities — one market for 

owner-occupied homes and one for vacant 

homes that are in foreclosure? These are 

valid questions. 

The short answer is found in the definition 

of market value. Market value, most 

commonly used for residential property, 

is defined as the value which is exemplified 

by activity between “typically motivated 

sellers and typically motivated buyers.” 

If the appraiser identifies the typically 

motivated seller in a neighborhood as 

REO managers who are liquidating inventory, 

then these sales are the ones that 

define the market for that neighborhood, 

and those comps are fair game for the 

appraiser. 

If, however, there are only a few foreclosures 

in the neighborhood, then the 

appraiser needs to conduct additional 

research to see if these comparable sales 

are representative of a typical transaction, 

with prices that are unaffected by undue 

stimulus. Some banks will sell foreclosed 

homes “as is” with uncorrected maintenance 

items. Others will make the effort 

to put a foreclosed home into “average 

marketable condition,” with new flooring 

or new paint or a new front lawn. Some 

bank-owned property is indistinguishable, 

physically, from owner-occupied property, 

but the sale price for these properties can 

be impacted by business decisions made 

by the bank. Because sales activity in 

many neighborhoods is very slow right 

now, comparable sales are often scarce and 

this compounds the challenge. Appraisers 

sometimes feel they have no choice when 

selecting their comparable sales. 

Another challenge for the appraiser is 

to identify neighborhoods where foreclosures 

are just starting to creep into the 

inventory. The astute appraiser can spot 

this trend by checking the percentage of 

closed and pending sales that are financially 

distressed, and comparing that to 

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10 March 2009

the percentage of active listings that are 

financially distressed. If the active listings 

have a significantly higher percentage of 

foreclosures, then there will be downward 

price pressure in that neighborhood looking 

forward. 

An appraiser must be able to effectively 

scan the market data for bank-owned 

properties and short-sales. Fortunately, 

our local Multiple Listing Service (the data 

base used by Realtors and residential 

appraisers) has search parameters, making 

this a manageable but time-consuming 

task for those who are willing to master 

its intricacies. 

Another huge challenge for residential 

appraisers is the appraisal “update.” Because 

divorce cases can drag on for several 

months, the original opinion of value can 

be invalid by the time the case is ready to 

settle. The savvy attorney realizes that the 

Uniform Standards of Professional 

Appraisal Practice defines the appraisal 

update as a new, second appraisal. The 

experienced appraiser knows that he should 

research, analyze, and utilize a new set of 

recent comparables if they are available. It 

is surprising how quickly the dynamics of 

supply and demand can alter the attitudes 

and expectations of buyers and sellers, 

even in the best of neighborhoods. 

Finally, for some perspective, consider 

that in 1989 residential real estate values 

in California started a decline that lasted 

for several years, bottoming out after 1995. 

When buyers suddenly woke up one day 

and started snatching up homes again, 

prices rebounded very quickly. The loss in 

value evaporated and prices rose steadily 

until our current crisis. It is inevitable that 

this will happen again, to some degree. It 

will happen when buyers achieve a comfort 

level with their personal financial status 

and the direction of the overall economy. 

Who will be the first to recognize the 

rebound when it starts to happen? u 

— Steve Lederer, SRA, appraises residential 

property in Contra Costa County and Alameda 

County for mortgage transactions, family law 

matters, litigation support, trust valuation, 

estate tax purposes and corporate relocation. 

Roger F. Allen 

510.832-7770 

Ericksen, Arbuthnot, Kilduff, 

Day & Lindstrom, Inc. 

155 Grand Avenue, Suite 1050 

Oakland, CA 94612 

rallen@eakdl.com 

Standards • Strategies • Strength • Solutions 

WELL PREPARED 

to handle your complex business transactions 

Doug Maggi, SVP 

925.944.0180 ext. 209 

Bob Kouba, VP 

925.944.0180 ext. 212 

Northern California 

Mediator / Arbitrator 

Colleen Benatar, VP 

925.944.0180 ext. 215 

11 years as Mediator 

20 years as Arbitrator 

28 years in Civil Practice 

• Training includes Mediation Course at 

Pepperdine University 1995 

• Serving on Kaiser Medical Malpractice 

Neutral Arbitrators Panel 

• Settlement Commissioner, Alameda and 

Contra Costa Counties 

• Pro Tem Judge, Small Claims, 

Alameda County 

• Experienced in all areas of Tort Litigation, 

including injury, property damage, fire loss, 

malpractice, construction defect 

Rick Wise, EVP 

925.944.0180 ext. 216 

California’s Oldest 

Independent Bank 

www.scottvalleybank.com 

WALNUT CREEK 1500 N. California Blvd. • 925.944.0180 

Oakland , 1111 Broadway, 510.625.7850 • Santa Clara • 5201 Great America Pkwy., 408.653.1200 

Take advantage of one of the many 

CCCBA membership benefits! 

To schedule an appointment with 

a CCCBA notary, please call 

Barbara Tillson, (925) 370-2544 

704 Main Street • Martinez 

Free Notary Services 


Question man 

How do you think the same-sex marriage 

issue will eventually be resolved? 

A majority of California voters 

will eventually vote for marriage 

equality. This will occur relatively 

soon, when older more 

conservative voters are replaced 

by younger voters. 

Robert Seeds 

Greenan, Peffer, Sallander & Lally LLP 

It’s a rights issue and eventually those 

who feel that their love is more sacred 

than another’s will come around. 

Cheryl Fabio 

JFK Law Student 

Gays and lesbians will be every bit 

as miserable as we heterosexuals. 

Joshua Genser 

Genser & Watkins, LLP 

With education, compassion, and respect. 

Joseph M. Nykodym 

Ryan & Lifter 

There is no doubt that the 

agents of intolerance will 

eventually lose and our better 

angels will triumph. The 

inauguration of our new 

President proved that. 

Jody Yudien 

Yudien & Associates 

Your question presupposes that the issue 

will eventually resolve. Ask the Middle 

East the same question. These 

factions may never be able to 

resolve the issue. 

A G Ashe 

Law Office of Anthony Guy Ashe 

My hope is that religious/spiritual 

marriage will be separated from staterecognized 

unions. I believe the solution 

will be to allow couples to register a 

civil union with the state, which confers 

all the rights and benefits of current 

“marriage” and allows weddings and 

religious marriage ceremonies to be conducted 

in accordance with personal beliefs. 

These marriages would confer no staterecognized 

benefits. 

Leah Presley 

Law Office of Leah Presley 

One would hope that “samesexism” 

will go the way of 

racism. It may be a slow and 

painful journey, but the end 

result will be that marriage 

is allowed and honored — 

both legally and by most of society 

— between any two humans of legally 

consenting age who are not related by a 

certain level of consanguinity. “Legal 

unions” instead of marriage will go the 

way of separate-but-equal drinking 

fountains. 

Stuart C. Gilliam 

Bennett, Samuelsen, Reynolds & Allard 

Even if the state and federal supreme courts 

uphold California’s and other states’ bans 

now, legislation and/or future court decisions 

will permit same-sex marriage in 

10, 100, 1,000 years or more. 

Even if it takes a million years, 

it will “eventually” happen. 

Kurtiss Jacobs 

Solo, Concord 

I hope that all unions will be 

civil unions, which can be 

“blessed” by a church of choice 

or not. This allows all to enjoy 

equal rights. 

Bonnie Johnson 

Law Office of Bonnie L. Johnson 

In about 20 years, we will be able to smoke 

legal marijuana at legally recognized gay 

marriages. 

David L. Roth 

Real Estate Law Offices of David L. Roth 

It will be resolved the same day the abortion 

issue is finally resolved and the 

Israeli-Palestinian issue is finally resolved. 

Never!! They are basically religious issues 

and true believers never settle/compromise 

their beliefs. Each side will always 

file another proposition to overrule the 

last proposition. 

Patrick E. Clancy 

Clancy Litigation Group 

Probably in court. Seriously, 

this is a matter in which the 

Cal Supremes will overturn 

an invalid “mandate” of the 

people and this will go up 

before the U.S. Supreme 

Court to be decided on a constitutional 

level. If treated as a civil rights issue, 

same-sex marriage will be restored. If 

treated as a same-sex issue, it won’t. And 

that is a fact. 

Gary Cornwall 

Law Offices of Gary Cornwall 

12 March 2009

Same-sex marriage will 

become legally recognized, 

and will be accepted, to 

probably the same degree 

as interracial marriage is 

now…eventually. Sooner 

rather than later, I would hope! 

Bill Ulrich 

Solo, Antioch 

I watched Barak Obama inaugurated as 

President, something I could not have 

imagined in the 1960s, when I was just 

another student activist at Cal agitating 

that all adults should have the right to 

vote. I believe that at some time in the 

future, my country will recognize the civil 

rights of gay people. At some time after 

that, they will watch with pride when a 

gay president is inaugurated, and pundits 

comment how wonderful it is that we 

have progressed so far in so little time. 

Jerome Fishkin 

Fishkin & Slatter, LLP 

In my lifetime, yes in some quarters, 

no in others — and a declining 

population overall. 

Wayne V.R. Smith 

Solo, Martinez 

We live in a country that supposedly 

promotes “equal rights for all,” and we 

just elected a President that promises the 

reality of such. Marriage equality will not 

go away. The issue will be resolved, state 

by state, with the Supreme Court of 

California ultimately ruling that Proposition 

8 is unconstitutional, and will uphold 

their previous ruling that gays and lesbians 

have a fundamental right to marry 

the person of their choice and that gender 

restrictions violate the state Constitution’s 

equal protection guarantee. 

Sally Elkington 

Elkington Law Office 

I think the same sex-marriage 

issue will be resolved by time. 

It you talk to most young 

people, it just isn’t a big deal 

to them. In states like Massachusetts 

and Connecticut, 

they are finding that having married gay 

couples does not destroy the institution 

or create other threatened doomsday 

scenarios. More and more people will see 

it more as a civil rights issue, rather than 

a religious or social issue. In time it will 

not be an issue at all. 

Brandt Andersson 

Law Offices of Andersson & Andersson PC 

It is my hope that we will 

eventually see a nationwide 

Uniform Family Law Act that 

will necessarily be gender 

neutral. Reproductive science 

and the current adoption laws 

and practices seem to require it. Separation 

of church and state must be acknowledged, 

so a distinction between marriage and civil 

marriage will need to be drawn. Hopefully, 

some attention will be paid to the notion 

that pre-marital education on the legal 

and psychological commitment marriage 

represents will cause a reduction in the 

divorce rates and the social chaos that 

generally ensues. 

John E. Manoogian 

Law Offices of John E. Manoogian 

Like heterosexual marriages... 

in divorce. 

Merritt Weisinger 

Walnut Creek Family Law Center 

Look for next month’s answers 

to the Question Man’s, “Where 

does your discretionary spending 

go these days?” 

Attorney Counseling Evenings 

The CCCBA offers ACE Nights in various 

subject matters, such as family, landlord/ 

tenant and immigration law. The programs 

are only two hours in length. They have been 

an invaluable service to the community — and 

the feedback received has been fantastic! 

If you are interested in volunteering for an 

upcoming ACE event, please contact 

CCCBA’s Michele Vasta at 925.370-2548 

or mvasta@cccba.org. 

Arlene Segal 

Law Offices of Arlene Segal 

Litigation - Mediation 

Trust and Estate Disputes • Financial Abuse 

100 Pringle Avenue, Suite 780 • Walnut Creek, CA 94596 

telephone (925) 937-4224 • fax (925) 937-4273 

note new 

Address! 


The Bus and the Taxi 

by Judge Barry Goode 

and Judge Pro Tem Lee C. Pearce 

Article 6, Section 21 of the California 

Constitution allows litigants to 

select a private judge. Once the Presiding 

Judge approves the appointment, the 

private judge has all of the power and is 

subject to all of the rules as an appointed 

judge for that case only. 

At December’s Holiday Party, we had 

a conversation regarding differences in 

the way we as judges (one public, one 

private) deliver access and resolution in 

family law cases. Much as a bus and a taxi 

can take you to the same place, the goal 

is to get you to your destination, whether 

you use the public courts (the bus) or opt 

for private judging (the taxi). Each has its 

advantages and disadvantages. Here are 

some things you might consider as you 

weigh your options. 

Selection 

The bus: You get the bus that is assigned 

to service your route. When a petition is 

filed, a bench officer is assigned based on 

the file number given to the case. Either 

side may file a CCP 170.6 challenge. But 

then the case is simply reassigned by the 

supervising judge — again, with no say 

from the parties. If a family has two cases 

(e.g. a domestic violence and a dissolution 

action), the cases are likely to be consolidated 

at some point, with the more comprehensive 

case becoming the master case, 

and the judge assigned to the master case 

becoming the all-purpose judge. 

The taxi: Of course, since agreement is 

required to appoint a private judge, you 

get to pick your private judge (i.e. your taxi 

driver). That means you can tailor the selection 

to the expertise of the judge and the 

needs of a case rather than having to rely 

on a one-time challenge to try to get to the 

best judge for your case. But unless there 

is agreement, you must ride the bus. 

Cost 

The bus: This fare is the lowest in town. 

Of course there are filing fees. But if a 

litigant is penurious, s/he can seek a fee 

waiver. The hidden cost is the time it takes 

to have a matter decided — and therefore 

the attorney fees that accrue while the 

case is pending. If a case is crisply litigated, 

that cost can be minimized. If there are 

complex, time-consuming issues, it may 

be difficult to get enough continuous 

calendar time in the public courthouse to 

minimize those fees. 

The taxi: Of course, your client pays for 

a private judge’s time. In that way, the 

taxi fare is higher than the bus fare. It 

may not make much economic sense if 

the marital estate is modest, unless there 

are other considerations, such as the need 

for immediate hearings. However, the taxi 

may not be more expensive than the bus 

if you factor in the efficiency, which can 

save significant amounts of attorney time 

and, hence, expense. And in a complex 

case, private judging is, in the end, usually 

less expensive than proceeding in the 

public courts. Pro tem judge Pearce has 

found that in a complex case, private 

judging may prove to be less expensive 

than proceeding in the public courts. 

LAW OFFICES OF 

DOUGLAS A. PRUTTON 

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(925) 677-5080 

pruttonlaw@earthlink.net 

14 March 2009

Immediacy of contact with the court 

The bus: The bus has to travel a route; 

emergency stops are unusual. But here 

the metaphor breaks down. In a pinch, 

you can request an order shortening time 

and ex parte relief. Still, there is no guarantee 

that you can have your case heard 

ahead of all the others who are waiting. 

Bench officers generally try to shorten 

time only when there appears to be a 

genuine need for prompt adjudication. 

Your client’s sense of urgency may not 

rise to the level of “real need” in the bench 

officer’s mind. 

The taxi: In private judging, you can pick 

up the phone and get your taxi immediately 

for emergency conference calls or hearings. 

You are less likely to require an Order 

Shortening Time because you can get a 

hearing on the merits quickly. 

Short causes 

The bus: With the bus, you stand on line. 

First you stand on line to get a date for 

your court hearing. Then on the day of 

the hearing, you wait to have your case 

called. At present, the first wait is not 

much more than the time required by law 

to notice a hearing. (Most departments are 

setting short cause hearings five or six weeks 

out.) And in most courtrooms you can 

move up on the calendar the day of your 

appearance if both sides arrive promptly 

and check in with the bailiff. However, if 

your “20 minute” matter is likely to take 

more than that, there is a good chance 

you will slip to the end of the calendar. 

The taxi: With the taxi, you aren’t waiting 

for your stop. You go directly to the destination. 

In private judging, “short cause” 

is a relative term. If you only need 20 

minutes, you only pay for the actual hearing 

time plus time to read the pleadings 

and render a decision, not the whole 

morning or afternoon. If you need more 

time, you can get that with no specific 

time limitation and no restriction on live 

testimony. The date is set as soon as 

possible considering both sides’ calendars. 

You are not waiting weeks or months for 

your hearing. 

Long causes and trials 

The bus: Each department hears long cause 

matters every other week. But there are 

some significant limitations. The shorter 

the trial or hearing, the sooner you are 

likely to be heard. If you need more than 

a day (or two), you are likely to be given 

a date weeks or months in the future. If 

you need more than a few days, you may 

be referred out to a civil department. Do 

not make the mistake of underestimating 

the length of the hearing so you can get 

an earlier date, for you pay the price on 

the back end. If your trial runs over your 

estimate, you may have to get on line 

again to get additional trial days. Having 

trial over several days, weeks apart, is 

inefficient and expensive. 

The taxi: In private judging, the issues 

regarding long causes are much the same 

as short causes. The taxi takes you directly 

to your hearing, which is heard in a single 

block of time, only stopping for a settlement 

conference if needed. Most cases don’t 

need lengthy trials. If your case is one of 

the few that need more than one trial day, 

no matter how long the journey, you get 

one taxi and one trip. There are not multiple 

transfers from bus to bus or waits for 

another bus to arrive (i.e. a trial over a series 

of dates, sometimes months apart). This 

has a significant impact on the cost of trial 

and time required to prepare. 

Case management and 

access to the court 

The bus: The bus driver/bench officer is 

usually quite willing to talk to you about 

how the ride is going to be managed. If 

there are issues that are likely to be 

dispositive or deadlines that might help, 

the judge is likely to be interested. The 

problem is that you have to stand on line 

to get to have that conversation. But 

then again, not everyone seems eager to 

be the first on line. Some clients (or 

lawyers) are quite willing to wait for their 

turn to ride. 

The taxi: With the taxi, you get to talk 

to the driver, find out about alternative 

destinations and have multiple pick-up 

and drop-off dates, as dictated by the 

needs of the case. In cases that need a 

great deal of case management (otherwise 

known as judicial hand holding), a private 

judge has more time to manage a difficult 

case, whether the source of the difficulty 

is the legal issue, factual complexity, difficult 

or unrealistic clients or (gasp!) an 

uncooperative counsel. 

Continuity 

The bus: If your case is assigned to a commissioner, 

you are likely to have that bench 

officer for the duration of your case. If 

your case is assigned to a judge, you are 

subject to the fact that most family law 

assignments are two or three years. u 

Appeals 

Criminal & Civil 

Law Office of Ian R. Greensides 

2121 North California Blvd., Suite 290 

Walnut Creek, California 94596 

(925) 313-8703 

www.greensideslaw.com 

925.790-2600 • info@amllp.com • www.amllp.com 


WE’RE HONORED TO WELCOME 

Hon. 

Bonnie Sabraw 

(Ret.) 

Retired from the 

Alameda County Superior Court 

Business Products Liability 

Employment HOA Issues 

Personal Injury Env./Toxic Torts 

Probate Construction 

Contra Costa Locations Available! 

Dorene Kanoh, VP 

50 Fremont St., Ste. 2110 

San Francisco, CA 94105 

Areas of Specialization 

Hon. 

Douglas Swager 

(Ret.) 

Retired from the Court of Appeal, 

First Appellate District, Division One 

Business 

Real Estate 

Personal Injury Land Use 

Employment Appellate Matters 

Insurance 

Contra Costa Locations Available! 

tel 415.772.0900 

fax 415.772.0960 

www.adrservices.org 

Business Escrow Services at 

Mechanics Bank. 

Mechanics Bank Business Escrow Services 

Department offers a wide range of escrow 

services for attorneys. We are the experienced, 

neutral third party you need to manage your 

client’s business transactions in accordance 

with the terms of the escrow agreement. Call 

us today to learn how we can help you with: 

The taxi: Private judge assignments can 

be crafted so that modifications and other 

motions return to the private judge. This 

ensures that there is consistency in rulings, 

and you don’t have to educate the judge 

on what happened before. Of course, if 

don’t like the rulings, you don’t have the 

luxury of waiting until your assigned judge 

rotates out. 

Same Rules 

Both the bus and the taxi are bound by 

the same evidence code, statutory and 

case law, appellate rights and rules of 

court, although it is easier to opt out of 

specific rules and procedures with the 

taxi. 

Private judges are bound by the same 

rules as public ones. They must disclose 

conflicts, comply with the canons of judicial 

ethics, and follow the law. 

“Private” doesn’t mean “secret.” Case 

files are kept at the courthouse, even if a 

case is assigned to a private judge for 

adjudication. They are open to the public 

and can only be sealed under the same 

circumstances that a public judge could 

seal all or a portion of a file. Hearings 

that would be open to the public at the 

courthouse must be open if tried before 

a private judge. While there are rarely 

requests from the public to attend private 

judge proceedings, cases involving 

public figures, or other issues of general 

interest must be held open if there is a 

request to attend. And, of course, if a 

record is preserved, private judge rulings 

are fully appealable. 

Walnut Creek 925.210.8984 

Oakland 510.251.3808 

San Francisco 415.249.0348 

Sacramento 916.648.2672 

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Summary 

Our courts serve thousands of people a 

year; from the poorest to the richest 

families in our county. For the vast majority 

of cases, the public court system 

provides access to justice at reasonable 

cost and with reasonable dispatch. But 

the system is not perfect. In some cases, 

it may be preferable to seek justice from 

a private judge. In those cases, it may be 

worth the price (and indeed, may save 

money) to take the taxi rather than ride 

the bus. u 

MEC 2719 Contra Costa Lawyer Mag 4.6875x4.5625_v4.indd 1 

7/31/08 7:01:04 PM 

16 March 2009

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The Vacation Maven 

Everyone’s talking about tough economic times and planning “staycations” rather than 

vacations… but don’t despair. There are lots of options somewhere between staying 

at home and spending a month in Paris. Besides, what we do as family lawyers is so 

stressful that we owe it to ourselves, our families, and yes, our clients, to periodically 

rest, relax, and regroup. So here are some budget-conscious alternatives: 

The Anderson Valley and Mendocino Coast 

Wander up to Mendocino via the Anderson 

Valley. Not only can you get good 

midweek and off season deals this time of 

year, but the trip itself is half the fun. Stop 

in Booneville for lunch at the Booneville 

Inn. Sample wine at the various vineyards 

along the way, treat yourself to champagne 

at Roderer Estates [www.roedererestate. 

com]. (Hint: the same vintage tastes much 

better in magnums. Instead of buying 

two standard bottles, buy a magnum 

— they’ll give you a champagne stopper 

— and enjoy the difference in depth of 

flavor). If so inclined, take the dog — you’ll 

save on kennel or pet sitting fees and have 

your companion for the trip. Stanford Inn 

in Mendocino [www.stanfordinn.com] is 

high on the scale of dog-friendly accommodations 

and extremely comfortable. 

Food is vegan (though they will make you 

eggs and traditional breakfast on request) 

and delicious. Try the house specials — 

they’re wonderful! You can even take Fido 

to meals with you if you eat in the lounge 

just outside the restaurant. And if you 

can’t stomach a vegan dinner, there’s 

something wrong with you if you can’t 

find a great restaurant in Mendocino. Take 

Fido to splash in the surf at a nearby beach. 

Stroll through the art galleries by day or 

relax in the full size indoor pool surrounded 

by lush tropical plants, or take the chill 

off in the indoor spa, listening to the rain 

pounding on the roof — heavenly. 

Monterey Dunes 

Rent a house at Monterey Dunes. You can’t 

take the dog, but the setting is spectacular. 

The mile-long stretch of beach is great for 

walking or flying kites. The units are laid 

out so that they are one house deep, so 

everyone has an ocean front view. It’s a 

short drive into Monterey for the wharf, 

or Carmel for the art galleries and ambience. 

Pick up some freshly caught fish and 

grill it back at the Dunes. Watch the sun 

go down from your deck. Build a driftwood 

bonfire on the beach at night. Curl up in 

front of a roaring fire and listen to the surf 

pound. One of the best trips I ever had to 

Monterey Dunes was a stormy, blustery 

week in January. Stock up on provisions 

and all those books you intend to read 

someday, and relax in front of the fire while 

listening to the sea crash beyond the Dune 

[www.montereydunes.com/index.htm]. 

Ski Season Bargains 

Most of the ski resorts are hurting, so you 

can pick up good bargains in rentals, lift 

tickets and extras. Check out liftopia.com, 

getskitickets.com, discountlifttickets.com 

or skicoupons.com for bargains. 

Napa Valley 

People come from all over the world to 

see the Napa Valley for crying out loud. 

Find a B&B set in a vineyard. The Napa 

Valley Lodge has rooms with fireplaces 

overlooking the vineyard. Trail around 

Yountville and St. Helena. Downtown 

Napa has been recently refurbished and 

is crawling with good restaurants. 

Take a Nature Expedition 

If you’re flush, green and adventurous, 

take a Lindblad Expedition to the Galapagos. 

Lindblad was the pioneer of ecotravel 

and specializes in small ships with 

lots of naturalists, photographers and other 

experts on board. It recently partnered 

with National Geographic, so there are 

both Lindblad and National Geographic 

experts on board. Your fellow passengers 

will be a small (60–100) self-selecting 

group of educated, interesting people, who 

share your interest in wildlife, conservation, 

and good conversation. As you read this, 

I’ll be on the Lindblad/National Geographic 

Sea Lion in Baja California communing 

with grey whales, humpback 

whales, and lush wildlife, getting up close 

and personal to them in a zodiac, or even 

a kayak. Go to www.expeditions.com. 

So get going! It’s a big world out there. 

We happen to live in one of the most 

attractive parts of it, and it’s just waiting 

to be explored in more depth. u 

— M. Sue Talia is an AV rated Family Law 

Specialist, certified by the Board of Specialization 

of the State Bar of California. She has 

practiced in Contra Costa County since 1977, 

focusing on complex family law litigation. 

18 March 2009

REEFING THE SAILS 

Practicing Law Profitably in Stormy Financial Times 

As the financial crisis hits Main Street, more and more lawyers are finding themselves struggling to get and 

retain clients, collect fees, and keep their own financial houses in order. Hard times can’t hit our clients without 

affecting us. Big firms are failing, small firms are struggling, and everyone is worrying about what will be the next 

shoe to drop. Don’t wait. It is important to be proactive in streamlining and adapting our practices to changing times. 

On April 24, 2009, the Family Law Section will present an expanded program aimed at solo and 

small firm practitioners on the challenges presented by these financial times. Among the topics to be covered are: 

Coping with the 21 st Century law practice reality • Focus on new and different legal issues 

Client recruitment and retention • Billing and collection strategies 

How NOT to do it: Wasteful office practices; The Client from Hell; Longer hours/poorer results 

Maximizing efficiency of office, equipment and staff • Controlling costs advanced 

Taming the Dreaded A/R Report • Marketing 

Each attendee will be asked to bring a client/account receivable list (there will be no show and tell — 

this is just for your personal reference purposes) 

The final segment will be an opportunity for a round table discussion and Q & A, 

so people can share their own cost-saving tips with colleagues. 

When April 24, 2009 

Time 1:30 – 4:15 p.m. 

Where Location to be determined 

Presenter M. Sue Talia 

MCLE Credit 2.5 hours 

Mediation Solutions 

— Wanted — 

Conservatorships 


Tax, Probate, Wills, Trust & Business 

LL.M Taxation • Over 25 years legal experience 

“AV” rated attorney with mediation training 

Experienced mediator since 1992 

Nancy A. Gibbons 

925.280-1990 

naglawfirm@aol.com 

think 

Matt Toth 

as in 

Pedder, Hesseltine, 

Walker & Toth, LLP 

oldest partnership in Contra Costa County 

(52 years) 

p 925.283-6816 • f 925.283-3683 

3445 Golden Gate Way, P.O. Box 479 

Lafayette, CA 94549-0479 

AV Martindale-Hubbell 


ethics corner 

by Carol M. Langford 

It is no surprise to lawyers practicing in 

California to hear that we are in a severe 

recession that will likely plague our state 

at least through this year. The good news 

is that if you are a medium, small or solo 

law firm, you have the best chance of 

surviving this financial downturn. That 

is because unlike a large ship of a firm 

that takes months to turn around, a 

smaller firm can more easily set a new and 

more efficient course. 

One way to really cut costs but still 

turn out a superior work product is to 

make use of contract attorneys. If you 

have hesitated to do this in the past fearing 

that a contract lawyer might not do 

as good a job as an associate, or that it 

might make your firm look less like a law 

firm and more like a law mill, now is the 

time to rethink that issue. First, there are 

hundreds of graduates from excellent law 

schools looking for work. Second, they 

are willing to work cheaply (I recently 

met a Vanderbilt law graduate accepting 

a contract job for $25 an hour). Third, it 

will not make your firm look bad; when 

a client steps into your doors, s/he will 

Please send your ethics questions to: 

Carol Langford 

100 Pringle Avenue, Suite 570 

Walnut Creek CA 94596 

langford@usfca.edu 

voicemail: 925-938-3870 

have no idea that the lawyer sitting in the 

conference room reviewing documents is 

not a full-time employee. Last, but certainly 

not least, it can save the client money to 

have a contract lawyer work on the project, 

thus allowing you to offer a better price 

for the job. 

There are several ethics issues that arise 

from hiring contract lawyers to work for 

you. Rule of Professional Conduct 2-200 

regarding division of fees with lawyers is 

applicable when an outside lawyer who 

is not an employee is paid a portion of the 

fee paid by the client to the attorney for 

services. However, in Ethics Opinion 

1994-138, the State Bar of California 

Standing Committee on Professional 

Responsibility and Conduct found that 

the provisions of Rule 2-200 are not 

applicable where 1) the amount paid to 

the outside lawyer by the attorney is 

compensation for work performed and 

must be paid whether or not the attorney 

is paid by the client; 2) the amount paid 

by the attorney to the outside lawyer is 

neither negotiated nor based on fees that 

have been paid to the attorney by the 

client; and 3) the outside lawyer does not 

receive a percentage fee. 

The key here is that the lawyer must 

pay the contract attorney whether or not 

s/he is paid, thus untying the money paid 

to the contract attorney to the fee paid 

by the client to the lawyer. Rule 2-200 

also does not apply whether the contract 

attorney is paid on a flat-fee basis or 

whether s/he is paid, for example, $50 an 

hour but is billed out at $100 an hour. 

The same would also be true where the 

contract attorney is paid $100 an hour 

and billed out at $100 an hour to the 

client, more like a cost. 

Even better, there is no obligation to 

reveal to the client that you are only paying 

the contract lawyer $50 an hour, even 

though you are billing them out at $100. 

That is because the internal compensation 

arrangements of a firm are not considered 

the business of the client. However, the 

client must know (put it in the fee agreement) 

that there may be contract lawyers 

working on their project. Clients do not 

care who works on their project as long 

as they know that you, the lawyer they 

hired, will make important court appearances 

and supervise the contract lawyer, 

and that you will have competent people 

working on the project. It saves the client 

money. One more thing. You should not 

charge a client $650 an hour for a contract 

lawyer just out of school. Fees overall must 

be reasonable. 

Try Craigslist to find job seekers, call a 

local law school, ask a friend. As an adjunct 

professor at U.C. Hastings, I can tell you 

that everyone is looking for a job. Good 

luck, and happy St. Patrick’s day! u 

— Carol M. Langford is a lawyer in Walnut 

Creek specializing in providing advice and 

representation in ethics and State Bar matters. 

She is an adjunct professor of law at U.C. 

Hastings School of Law and a former Chair 

of the California State Bar ethics committee. 

20 March 2009

Do it for 

the Kids! 

The Contra Costa 

County Bar Association 

is looking for energetic 

and enthusiastic 

volunteers for the 

Education 

Outreach 

Program 

To strengthen our pledge 

of providing valuable lawrelated 

education to local 

high school and middle 

school students, attorneys 

are needed to volunteer 

with EOP throughout the 

county. The time commitment 

is minimal, but the 

rewards for participation 

are significant for both 

you and our youth! 

Young Design 

& 

Production 

D E S I G N 

W R I T I N G 

E D I T I N G 

Young Design & Production 

is the designer for the Contra 

Costa County Bar Association 


law firm brochures 

and newsletters 

Nancy Young 

Owner 

P.O. Box 1867 Benicia, CA 94510 

925.229.2929 or 707.747-5775 

email: young-design@prodigy.net 

To learn more about 

this exciting program, 

please contact: 

Michele Vasta 

925.370-2548 

www.cccba.org 


advertisers’ index 

ADR Services, Inc.. . . . . . . . . . . . . . . . . .16 

Maureen E. Ahlf. . . . . . . . . . . . . . . . . . . .14 

Roger F. Allen . . . . . . . . . . . . . . . . . . . . .11 

Armanino McKenna LLP . . . . . . . . . . . . .15 

Barr & Barr Attorneys. . . . . . . . . . . . . . . .23 

Diablo Valley Reporting Services . . . . . . .24 

Nancy Gibbons . . . . . . . . . . . . . . . . . . . .19 

Glenn & Dawson LLP. . . . . . . . . . . . . . . . .7 

JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . .21 

Landmark Valuation . . . . . . . . . . . . . . . . . .7 

Law Office of Ian R. Greensides . . . . . . . .15 

Law Offices of Arlene Segal . . . . . . . . . . .13 

Law Offices of David M. Lederman . . . . . . .9 

Law Offices of Douglas A. Prutton . . . . . .14 

Law Offices of Magany Abbass. . . . . . . . .10 

Mechanics Bank . . . . . . . . . . . . . . . . . . .16 

Mullin Law Firm . . . . . . . . . . . . . . . . . . . .9 

Mark V. Murphy . . . . . . . . . . . . . . . . . . . . .5 

Myers-Stevens-Mello & Co. . . . . . . . . . .17 

One Hour Legal Services . . . . . . . . . . . . .17 

Pedder, Hesseltine, Walker & Toth, LLP. . 19, 22 

Resolution Remedies. . . . . . . . . . . . . . . . .6 

Julie Schumer. . . . . . . . . . . . . . . . . . . . .10 

Scott Valley Bank. . . . . . . . . . . . . . . . . . .11 

Whiting, Fallon, Ross & Abel LLP, . . . . . . .2 

Young Design & Production. . . . . . . . . . .21 

Michael J. Young. . . . . . . . . . . . . . . . . . . .7 

Youngman, Ericsson & Low, LLP . . . . . . .22 

Zandonella Reporting Service . . . . . . . . .23 

offices 

for rent... 

contract 

attorneys... 

job 

opportunities 

... 

classifieds 

Lafayette Office Space 

200 s.f. office, $850/month. Two conf 

rooms, use (at cost) of phone, fax, photocopier, 

scanner. On-site gym and showers. 

Free parking. Call 925.284-7788. 

Prime Space in Walnut Creek 

Space available in separated portion of 

law office in prime Class A building in 

downtown Walnut Creek. Range of office 

sizes, some with amazing view of Mt. 

Diablo. Rents ranging from $800 to 

$1,750 per month. Secretarial stations 

available for additional rent. Reception, 

law library, conference rooms, parking 

included. Call 925.979-3330. 

Walnut Creek Window Office 

Lease a fully furnished window office 

w/sec station and tons of amenities. On-site 

conf rooms, receptionist service, law library, 

telephone system, voice mail, notary (onsite), 

copy machines, postage machines, 

and mail-handling. Professional Class A 

bldg. w/plenty of parking, great location, 

and easy access to freeway and BART. Call 

Kristie, 925.947-0100, x224. 

Walnut Creek Office Space 

Treat Blvd near BART. Conf room, fax, 

copier, good freeway access. Parking. 

$495/month. Call 925.939-2544. 

961 Ygnacio Valley Road, Walnut Creek 

Share building with 7 solos. One office 

available. All amenities. 925.938-2460. 

WC Law Offices at Locust/Bonanza 

Large window office $1295; small furn. 

office $695. Conf rooms, kitchen, more. 

Call Randall at 925.935-5566. 

Lafayette Transit Village Office Space 

Office in business law firm next to BART 

in Lafayette (27 min. to Montgomery Street 

BART station). Receptionist, conf. room, 

parking, ground floor, only one block from 

post office and Lafayette’s restaurant row. 

Call Jim or Michelle at 925.284-4447. 

Conference rooms for rent 

Two conference rooms conveniently 

located near the courthouse in downtown 

Martinez (CCCBA office). Reasonable rates. 

Full catering service avail. 925.370-2549. 

professional announcements 

Probate paralegal to attorneys 

Joanne C. McCarthy. 2204 Concord Blvd. 

Concord, CA 94520. Call 925.689-9244. 

To place a display or classified advertisement, 

please contact Nancy Young at 925.229-2929 

or young-design@prodigy.net. 

Youngman, Ericsson & Low, LLP 

1981 North Broadway • Suite 300 

Walnut Creek, CA 94596 

Tax Lawyers. 

(925) 930-6000 

22 March 2009

Will & Trust Litigation 

Elder Abuse Litigation • Conservatorships 

B A R R & B A R R 

A T T O R N E Y S 

101 Gregory Lane, Suite 42 • Pleasant Hill, CA 94523-4915 • (925) 689-9944 

Edward E. Barr 

Christopher M. Moore 

Loren L. Barr* 

John Milgate, Of Counsel 

Joseph M. Morrill 

Tracey McDonald, Paralegal 

*Certified Specialist, Estate Planning, Trust and Probate Law, The State Bar of California Board of Legal Specialization

Contra Costa Lawyer - Contra Costa County Bar Association

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